Don’t Let Off-the-clock Overtime Claims Become a Game of Rock, Paper, Scissors

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Defending claims for off-the-clock work is one of the most difficult tasks employers face under the Fair Labor Standards Act.

An employee (or worse, group of employees) says, “I (we) worked, without compensation, before our shift, after our shift, or during our lunch; pay me (us).” Often, these employees have their own personal, detailed logs supporting their claims. And the employer has bupkis. It then must prove a negative (“You weren’t really working when you say you were”), which places the employer in a difficult and often unwinnable position. It’s a wage-and-hour game of rock-paper-scissors, where paper always beats air.

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